First Portion

Deuteronomy Chapter 16

18You shall set up judges and law enforcement officials for yourself in all your cities that the Lord, your God, is giving you, for your tribes, and they shall judge the people [with] righteous judgment.

Judges and law-enforcement officials: Heb. שֹׁפְטִים וְשֹׁטְרִים. שֹׁפְטִים are judges who decide the verdict, and שֹׁטְרִים are those who chastise the people in compliance with their order, (who strike and bind [not found in early editions]) with rods and straps, until he [the guilty party] accepts the judge’s verdict.

for your tribes: [This phrase] refers back to “You shall set up… for yourself.” Thus, the understanding of the verse is “You shall set up judges and law-enforcement officials for yourself, for your tribes, in all your cities that the Lord, your God, is giving you.”

You shall not pervert justice: [This is to be understood] according to its apparent meaning.

לא תטה משפט: כמשמעו:

you shall not show favoritism: Even during the statement of pleas [by the litigants]. This is an admonition addressed to the judge, that he should not be lenient with one litigant and harsh with the other, [e.g., ordering] one to stand [while allowing] the other to sit, because as soon as one notices that the judge is showing more respect toward his opponent, he cannot plead his case any longer [because he thinks that it will be of no use].

You shall not plant for yourself an asherah: [This admonition is] to make one liable [to punishment] from the time of planting it, and even though he did not worship it, he transgresses a prohibition for its planting. — [from Sifrei]

22And you shall not set up for yourself a monument, which the Lord, your God hates.

כבוְלֹֽא־תָקִ֥ים לְךָ֖ מַצֵּבָ֑ה אֲשֶׁ֥ר שָׂנֵ֖א יְהֹוָ֥ה אֱלֹהֶֽיךָ:

And you shall not set up for yourself any monument: A monument of one stone, to sacrifice on it even to Heaven.

ולא תקים לך מצבה: מצבת אבן אחת, להקריב עליה אפילו לשמים:

which [the Lord your God] hates: God has commanded you to make an altar of stones and an altar of earth. This, however, He hates, because this was a [religious] statute of the Canaanites, and although it was dear to Him in the days of the Patriarchs, now He hates it, since these [people] made it a statute for idolatry. (See Sifrei)

You shall not sacrifice… or any bad thing: Heb. דָּבָר רַע. This is an admonition to one who would make sacrifices disqualified (פִּגּוּל) through an evil [improper] utterance דִּבּוּר רַע. And from this [expression] our Rabbis derived other explanations as well, as they appear in [the tractate] Shechitath Kodashim [early name for Zevachim]. — [Zev. 36]

Then you shall bring out that man… to your cities: Heb. אֶל-שְׁעָרֶיךָ‏. One who translates אֶל-שְׁעָרֶיךָ‏ as לִתְרַע בֵּית דִינָךְ, “to the gate of your court,” is mistaken, for we have learned the following: when the verse [here] says אֶל-שְׁעָרֶיךָ‏, this refers to the city where [the accused] worshipped idols. Or does it refer to the gates [of the court] where he was judged [since the courts were located at the gates]? [In answer to this,] the verse here says שְׁעָרֶיךָ, and above (verse 2), it says שְׁעָרֶיךָ. Just as שְׁעָרֶיךָ mentioned there [clearly] refers to the city where he worshipped [idols] [and not to the gates of a court], so too, the word שְׁעָרֶיךָ mentioned here refers to the city where he worshipped [idols]. Thus the correct version of the Targum is לְקִרְוָיךְ, to your cities.

two witnesses, or three: But if testimony can be executed through two witnesses, why then does Scripture specify “or three”? [It does so] to draw a comparison between [testimony of] three to that of two; just as two witnesses are considered one unit, so too, are three witnesses considered one unit, and they are not subject to the laws of“plotting witnesses” עֵדִים זוֹמְמִין, unless all of them are proven to be “plotting witnesses.” - [Mak. 5b] (See Deut. 19:16-21.)

8If a matter eludes you in judgment, between blood and blood, between judgment and judgment, or between lesion and lesion, words of dispute in your cities, then you shall rise and go up to the place the Lord, your God, chooses.

[And you shall come to] the Levitic kohanim: i.e., the kohanim, who are descended from the tribe of Levi.

הכהנים הלוים: הכהנים שיצאו משבט לוי:

and to the judge who will be in those days: Although this judge may not be [of the same stature] as other judges who preceded him, you must listen to him, for you have only the judge [who lives] in your time. — [R.H. 25b]

13And all the people shall listen and fear, and they shall no longer act wantonly.

יגוְכָל־הָעָ֖ם יִשְׁמְע֣וּ וְיִרָ֑אוּ וְלֹ֥א יְזִיד֖וּן עֽוֹד:

And all the people shall listen: From here we derive [the ruling] that they postpone his execution [i.e., of the זְקַן מַמְרֵא, the rebellious sage] until the Festival [when all Israel appears in Jerusalem], and they execute him on the Festival. — [San. 89a]

וכל העם ישמעו: מכאן שממתינין לו עד הרגל וממיתין אותו ברגל:

Second Portion

Deuteronomy Chapter 17

14When you come to the land the Lord, your God, is giving you, and you possess it and live therein, and you say, "I will set a king over myself, like all the nations around me,"

15you shall set a king over you, one whom the Lord, your God, chooses; from among your brothers, you shall set a king over yourself; you shall not appoint a foreigner over yourself, one who is not your brother.

16Only, he may not acquire many horses for himself, so that he will not bring the people back to Egypt in order to acquire many horses, for the Lord said to you, "You shall not return that way any more."

he may not acquire many horses for himself: But, only what he needs for his chariots, “so that he will not cause the people to return to Egypt” [to purchase the horses], because horses come from there, as it is said of Solomon (I Kings 10: 29), “And a chariot that went up and left Egypt sold for six hundred shekels of silver, and a horse for one hundred fifty.” - [San. 21b]

And he shall not take many wives for himself: Only eighteen, for we find that David had six wives, and it was told to him [by Nathan the prophet] (II Sam. 12:8):“and if this is too little, I would add for you like them and like them” [totaling eighteen]. — [San. 21a and Sifrei]

And it will be, when he sits [upon his royal throne]: If he does this, he merits that his kingdom will remain established. — [Sifrei]

והיה כשבתו: אם עשה כן כדאי הוא שתתקיים מלכותו:

two copies of this Torah-: Heb. מִשְׁנֵה הַתּוֹרָה i.e., two Torah scrolls, one that is placed in his treasury, and the other that comes and goes with him (San. 21b). [I.e., a small scroll, which the king carries with him. Thus the Talmud derives מִשְׁנֵה from שְׁנַיִם, two.] Onkelos, however, renders פַּתְשֶׁגֶן, copy. He interprets [the word] מִשְׁנֵה in the sense of repeating and uttering. [I.e., one copy of the Torah, which the scribe would write while uttering the words before he writes them, deriving מִשְׁנֵה from שִׁנּוּן, studying .]

the words of [this] Torah: [This is to be understood] according to its apparent meaning [namely a commandment written in the Torah].

דברי התורה: כמשמעו:

20so that his heart will not be haughty over his brothers, and so that he will not turn away from the commandment, either to the right or to the left, in order that he may prolong [his] days in his kingdom, he and his sons, among Israel.

and so that he will not turn away from the commandment: Not even from a minor commandment of a prophet.

ולבלתי סור מן המצוה: אפילו מצוה קלה של נביא:

in order that he may prolong [his] days [in his kingdom]: From this positive statement, one may understand the negative inference [i.e., if he does not fulfill the commandments, his kingdom will not endure]. And so we find in the case of Saul, that Samuel said to him, “Seven days shall you wait until I come to you to offer up burnt-offerings” (I Sam. 10:8), and it is stated, “And he waited seven days” (I Sam. 13:8), but Saul did not keep his promise and neglected to wait the entire [last] day. He had not quite finished sacrificing the burnt-offering, when Samuel arrived and said to him (I Sam 13:13-14),“You have acted foolishly; you have not kept [the commandment of the Lord your God, which He commanded you…] so now your kingdom will not continue” (I Sam 13:13-14). Thus we learn, that for [transgressing] a minor commandment of a prophet, he was punished.

the Lord’s fire-offerings: The holy sacrifices of the Temple. (Other editions: The holiest sacrifices.)

אשי ה': קדשי המקדש [קדשי קדשים]:

and His portion: These are the holy things of the boundaries, [i.e. those eaten throughout the entire land, namely,] the terumoth and the tithes, but he shall have no absolute inheritance among his brothers. In Sifrei [18:41], our Rabbis expound as follows:

But he shall have no inheritance: This refers to the “inheritance of the remainder.”

ונחלה לא יהיה לו : זו נחלת שאר:

among his brothers: this refers to the “inheritance of the five.” I do not know what this means. It appears to me, however, that across the Jordan and onwards is called “the land of the five nations,” and that of Sihon and Og is called “the land of the two nations,” namely, the Amorites and the Canaanites. Now the expression, “inheritance of the remainder,” is meant to include the [remaining three nations of the ten whose land God promised to Abraham, namely] the Kenites, the Kenizzites, and the Kadmonites (Gen. 15:19). The Sifrei in the section dealing with the [priestly] gifts specified for Aaron expounds this in a similar fashion, on the verse (Deut. 10:9), “Therefore, Levi has no portion or inheritance,” to admonish [the Levite to take no portion in] the inheritance of the Kenites, the Kenizzites, and the Kadmonites. It has since been found in the words of Rabbi Kalonymus that the proper version of this passage in Sifrei reads as follows:

And he will have no inheritance: This refers to the “inheritance of the five.”

ונחלה לא יהיה לו: אלו נחלת חמשה

among his brothers: This refers to the “inheritance of the seven.” [Rashi now explains this version of the Sifrei:] [The first reference is to] the inheritance of five [of the twelve] tribes [of Israel]. [The second, is to] the inheritance of [the remaining] seven tribes [of Israel]. Now Moses and Joshua apportioned inheritance only to five tribes: Moses, to Reuben, Gad, and half the tribe of Manasseh; Joshua, to Judah, Ephraim, and [the other] half of the tribe of Manasseh. The remaining seven tribes took their inheritance by themselves after Joshua’s demise. Thus, because of this [distinction between these five former tribes and the seven latter ones], the Sifrei mentions five and seven separately.

from the people: But not from the kohanim [i.e., a kohen is exempt from these dues]. — [Sifrei , Chul. 132b]

מאת העם: ולא מאת הכהנים:

be it an ox or a sheep: But not [from the category of] beast (חַיָּה) .

אם שור אם שה: פרט לחיה:

the foreleg: from the carpus to the shoulder blade, called espaldun, espalde, or espaleron in Old French. — [Chul. 134b]

הזרוע: מן הפרק של ארכובה עד כף של יד שקורין אשפלדו"ן [עצם השכם]:

the jaws: together with the tongue. Those who interpret the symbolism of Biblical verses say, the זְרוֹעַ [which is, in effect, the “hand” of the animal, became the due of the kohanim , as a reward] for the “hand” [which Phinehas, the kohen , raised against the sinners], as it is said, “and he took a spear in his hand” (Num. 25:7); the jaws [as a reward] for the prayer [he offered], as it is said,“Then Phinehas stood and prayed” (Ps. 106:30); and the maw (הַקֵּבָה) , as a reward [for his action against the sinning woman], as it said,“[And he stabbed both of them, the man of Israel] and the woman in her stomach (קֵבָתָהּ)” (Num. 25:8). - [Chul. 134b].

The first of your grain: This refers to terumah ; and although the verse does not state a required amount, our Rabbis set an amount for it [ranging from a sixtieth to a fortieth of the total produce as follows]: A generous [person] gives one fortieth of the crop, a miserly [person] one sixtieth, and [a person of] average generosity one fiftieth. They base [this ruling] that one should not give less than one sixtieth on what is said, “[This is the offering that you shall set apart: a sixth of an ephah from a homer of wheat,] and you shall separate a sixth of an ephah from a homer of barley” (Ezek. 45:13). [Since an ephah is equivalent to three se’ah ,] a sixth of an ephah is equivalent to half a se’ah . [Now the “homer” mentioned in the verse is the same as a kor .] When you give [one sixth of an ephah from a homer , which we now know to be] one half of a se’ah for a kor , this amounts to one sixtieth because a kor is thirty se’ah . — [Yerushalmi , Terumoth 4:3]

and the first of the fleece of your sheep: When you shear your sheep each year, give the first of it [the wool] to the kohen . And [although the verse] does not mention a required amount, our Rabbis set an amount, namely, one sixtieth. And how many sheep [are the minimum to] be liable to the law of “the first of the fleece?” At least five sheep, as it is said, “[Then Abigail… took…] and five prepared (עֲשׂוּיוֹת) sheep” (I Sam. 25:18). [The עֲשׂוּיוֹת here, is interpreted as meaning that five sheep compel their owner and say to you, as it were,“Get up and fulfill the commandment of 'the first of the fleece.’”] Rabbi Akiva says: [that the minimum number of sheep liable to this commandment is derived from our verse here]: The phrase רֵאשִׁית גֵז denotes two sheep; צֹאנְךָ [an additional two, making] four, and תִּתֶּן-לוֹ denotes one more, which is a total of five sheep. - [Chul. 135a, 137a; Sifrei]

And if the Levite comes: One might think that Scripture is referring to an actual Levite [i.e., not a kohen]. Therefore it says, “And he may serve” (verse 7). And since Levites are not fit to serve in the whole service, we see that this verse is not referring to them [but rather to kohanim]. — [Sifrei]

and he may serve: [This] teaches [us] that a kohen may come and offer his own freewill and obligatory sacrifices even when it is not his shift. — B. K. 109b] Another explanation: It further teaches concerning kohanim who come to the Temple [as pilgrims] on the Festivals, that they may offer [together with those of the shift] and perform the services connected with the sacrifices that are brought because of the Festival-for instance, the “additional offerings” of the Festivaleven though it is not their shift. — [Sifrei, Sukk. 55b]

8They shall eat equal portions, except what was sold by the forefathers.

חחֵ֥לֶק כְּחֵ֖לֶק יֹאכֵ֑לוּ לְבַ֥ד מִמְכָּרָ֖יו עַל־הָֽאָבֽוֹת:

They shall eat equal portions: This teaches that they [the kohanim present as pilgrims on the Festivals] receive a portion of the hides [of the Festival burnt-offerings] and the flesh of the he-goats of sin-offerings [of the Festival]. Now one might think that [these kohanim may participate] also in sacrifices which are brought unrelated to the Festival, such as the תָּמִיד, the daily burnt-offerings, מוּסְפֵי שַׁבָּת, additional offerings of the Sabbath [on which a Festival may coincide] and sacrificial vows and donations. Therefore, it says:

except what was sold by the forefathers: Except what his ancestors sold [to one another] in the days of David and Samuel when the system of shifts was established, trading with each other thus, “You take your week, and I will take my week.” - [Sifrei ; Sukk. 56a]

you shall not learn to do [like the abominations of those nations]: But you may learn [their practices] to understand [them] and to teach [them], i.e. to understand how degenerate their actions are, and to teach your children, “Do not do such and such, because this is a heathen custom!” - [Sifrei ; San. 68a]

a soothsayer: What is a soothsayer? One who takes his rod in his hand and says [as though to consult it], “Shall I go, or shall I not go?” Similarly, it says (Hos. 4:12),“My people takes counsel of his piece of wood, and his rod declares to him.” - [Sifrei]

a diviner of [auspicious] times: Heb. מְעוֹנֵן. Rabbi Akiva says: These are people who determine the times (עוֹנוֹת) , saying, “Such-and-such a time is good to begin [a venture].” The Sages say, however, that this refers to those who“catch the eyes (עֵינַיִם) ” [i.e., they deceive by creating optical illusions].

[For] whoever does these [things] [is an abomination to the Lord]: It does not say, “one who does all these things,” but, “whoever does these things,” even one of them. — [Sifrei , Mak. 24a]

כל עושה אלה: עושה כל אלה לא נאמר אלא כל עושה אלה, אפילו אחת מהן:

13Be wholehearted with the Lord, your God.

יגתָּמִ֣ים תִּֽהְיֶ֔ה עִ֖ם יְהֹוָ֥ה אֱלֹהֶֽיךָ:

Be wholehearted with the Lord, your God: Conduct yourself with Him with simplicity and depend on Him, and do not inquire of the future; rather, accept whatever happens to you with [unadulterated] simplicity and then, you will be with Him and to His portion. — [Sifrei]

[But…] the Lord your God has not given you: to hearken to diviners of auspicious times and soothsayers, for He caused His Divine Presence to rest upon the prophets and upon the Urim and Tummim. — [Targum Jonathan]

[A prophet] from among you, from your brothers, like me: This means: Just as I am among you, from your brothers, so will He set up for you [another prophet] in my stead, and so on, from prophet to prophet.

16According to all that you asked of the Lord, your God, in Horeb, on the day of the assembly, saying, "Let me not continue to hear the voice of the Lord, my God, and let me no longer see this great fire, so that I will not die."

[That prophet] shall die: By strangulation. Three [sinful prophets] are executed by man [i.e., by the court]: One who prophesies what he has not heard, one who prophesies what was not told to him but was told to his fellow [prophet], and one who prophesies in the name of a pagan deity. However, one who suppresses his prophecy [i.e., does not announce it], or one who transgresses the words of a prophet, or a prophet who transgresses his own words [of prophecy]-their death is by the hands of Heaven, for it is said (verse 19), “ I shall exact [it] from him.” - [San. 89a]

Now if you say to yourself, [“How will we know the word the Lord did not speak?”]?: [This verse alludes to a future time when Israel will want to know which prophet is speaking the word of God. It means:] You are destined to say this when Hananiah, the son of Azzur [a false prophet], came and prophesied, “Behold the vessels of the house of the Lord will be returned from Babylon now hastily” (Jer. 27:16), and Jeremiah stood and cried (Jer. 27:19-22), “concerning the pillars, concerning the sea,… and concerning the remainder of the vessels…” which had not been exiled, ‘they shall be brought to Babylon’ "together with the exile of Zedekiah. — [Sifrei]

22If the prophet speaks in the name of the Lord, and the thing does not occur and does not come about, that is the thing the Lord did not speak. The prophet has spoken it wantonly; you shall not be afraid of him.

If the prophet speaks [in the Name of the Lord]: And says, “This thing is destined to happen to you,” and you see [afterwards] that it does not come about, “that is the thing the Lord did not speak” ; so execute him. But you might say, “This applies to one who prophesies regarding the future. However, suppose one comes and says ‘Do such and such a thing, and I am telling you this by the command of the Holy One, blessed is He,’ [how do we know whether he is speaking the truth? Regarding such a case,] they were already commanded that if someone comes to make you stray from any of the commandments, ”Do not hearken to him“ (Deut. 13:4), unless you are certain that he is a perfectly righteous person, e.g., Elijah on Mount Carmel, who sacrificed on a high place when high places were forbidden, [but did so] in order to control Israel [against idolatry]. Everything must be done according to the needs of the time, and the need for preventive measures to protect against breaches [in the religion]. Therefore [with respect to this authentic prophet], it is stated,”hearken to him" (verse 15). - [San. 89a]

Prepare for yourself the way: “Refuge! Refuge!” was inscribed at each crossroads [directing the way to the nearest refuge city]. — [Mak . 10b]

תכין לך הדרך: מקלט מקלט היה כתוב על פרשת דרכים:

and divide into three parts the boundary of your land: so that [the distance] from the beginning of the border to the first refuge city should be the same as the distance from this first city to the second, and so from the second to the third and from the third to the opposite border of Israel. — [Mak. 9b]

5As when a man goes with his fellow into the forest to chop wood, and his hand swings the ax to cut down the tree, and the iron flies off the handle, and it reaches his fellow, and he dies he shall flee to one of these cities, and live.

And his hand swings [the ax]: when he was about to let the ax fall on the tree. The Targum renders this as וְתִתְמְרֵיג יְדֵּיּהּ meaning, וְנִשְׁמְטָה יָדוֹ his hand swayed while letting the stroke of the ax fall upon the tree. [Similarly,] the words הַבָּקָר כִּי שָׁמְטוּ (II Sam. 6:6), are rendered in Targum Jonathan as: אֲרֵי מַרְגוּהִי תּוֹרַיָּא“for the oxen swayed.”

and the iron flies off the handle: Heb. וְנָשַׁל הַבַּרְזֶל מִן-הָעֵץ. Some of our Rabbis say that this means that the iron head [of the ax] slipped off its handle, while others say, the ax chipped a splinter of wood off the tree which was being chopped, and it ricocheted, killing [the victim]. — [Mak. 7b]

6Lest the avenger of the blood pursue the killer, while his heart is hot, and overtake him, because the way is long, and he strikes him to death, whereas he was not deserving of death, for he had not hated him in times past.

And when [the Lord your God] expands [your boundary]: As He swore to give you the land of the Kenites, the Kenizzites, and the Kadmonites.

ואם ירחיב: כאשר נשבע לתת לך ארץ קיני וקנזי וקדמוני:

9if you will keep all this commandment to perform it, which I command you this day, to love the Lord, your God, and to walk in His ways all the days, you shall add three more cities for yourself, in addition to these three,

you shall add three more [cities] for yourself: Thus, [altogether you will have] nine: The three on the other side of the Jordan, the three in the land of Canaan, and three more in the future [when God will expand your boundary]. — [Sifrei]

But if a man hates his fellow [and lies in wait for him…]: Through this man’s hatred of his fellow, he comes to “lie in wait for him.” From here our Rabbis derived the maxim: If a man transgresses a minor commandment, he will ultimately transgress a major commandment. [Here,] since he transgressed the command: “You shall not hate your brother in your heart” (Lev. 19:17), he ultimately came to shed blood. This is why it says here, “But if a man hates his fellow,” for it should have written only: “But if a man rises up and lies in wait for his fellow and strikes him mortally.” - [Sifrei]

You shall not pull back [your neighbor’s] landmark: Heb. לֹא תַסּיג, an expression similar to, “they shall turn back (נָסֹגוּ אָחוֹר)” (Isa. 42:17). [Here therefore, it means] that he moves the boundary-mark of the land backwards into his neighbor’s field, thereby enlarging his own [property]. But has it not already been stated, “You shall not rob” (Lev. 19:13) ? Why then, is it stated here: “You shall not pull back [the landmark]?” [The answer is that this verse] teaches that the person who removes his neighbor’s boundary mark transgresses two negative commandments, “You shall not rob (לֹא תִגְזֹל)” and “You shall not pull back [the landmark]” (לֹא תַסִּיג). Now I might think that [this applies] outside Eretz Israel as well. Therefore it says, “in your inheritance, which you will inherit [in the land],” [indicating that] in [only] Eretz Israel one transgresses two negative commandments, whereas outside Eretz Israel, one transgresses only the commandment of “you shall not rob.” - [Sifrei]

15One witness shall not rise up against any person for any iniquity or for any sin, regarding any sin that he will sin. By the mouth of two witnesses, or by the mouth of three witnesses, shall the matter be confirmed.

One witness [shall not rise up against a man for any iniquity]: This verse establishes a general principle [i.e., from here it is derived] that wherever the term“witness” (עֵד) appears in the Torah, it means two [witnesses], unless the Torah specifies [that] one witness is meant. — [San. 30a]

עד אחד: זה בנה אב כל עד שבתורה שנים, אלא אם כן פרט לך בו אחד:

for any iniquity, or for any sin: where his testimony would lead to the accused being punished, either with corporal punishment or with or monetary punishment. However, one [witness] may rise up to [compel his fellow to take] an oath, as follows: If one says to his fellow, “Give me the maneh [100 zuzim] that I lent you,” and his fellow replies, “I have nothing of yours,” and one witness testifies for him [the plaintiff] that he [the defendant] owes him [the money], [the defendant] is required to swear [that he did not borrow any money]. — [Shev. 40a]

By the mouth of two witnesses [… the matter will be established]: [The expression,“by the mouth” means here that only the direct, verbal testimony suffices,] but they should not write their testimony in a letter and send it to the court, or have an interpreter stand between the witnesses and the judges. - [Sifrei]

16If a false witness rises up against a man, to bear perverted testimony against him,

טזכִּֽי־יָק֥וּם עֵֽד־חָמָ֖ס בְּאִ֑ישׁ לַֽעֲנ֥וֹת בּ֖וֹ סָרָֽה:

to bear perverted testimony against him: Heb. סָרָה [That is, he testifies about] a thing which is not so, that this witness is removed (הוּסַר) from the whole testimony [meaning that he could not possibly have been a witness,] such as if [a second set of witnesses] said [to the first set of witnesses], “But weren’t you with us on that day in such and such a place [and not with the defendant, as you claim to have been]?” - [Mak. 5a]

Then the two men… shall stand: The text is referring to the witnesses, and it teaches us that there is no testimony by women. It also teaches us that witnesses must submit their testimony while standing. — [Shev. 30a]

who will be in those days: [Now could one stand in front of those who are not in his day? Rather, it means that] Jephthah [one of the less important judges] in his generation, is [to be considered] as Samuel [the greatest judge] in his generation; you must treat him with respect.

אשר יהיו בימים ההם: יפתח בדורו כשמואל בדורו, צריך אתה לנהוג בו כבוד:

18And the judges shall inquire thoroughly, and behold, the witness is a false witness; he has testified falsely against his brother;

And the judges shall inquire thoroughly: By means of the testimony of [the new set of witnesses] who rebut them, that they investigate and examine those who come to prove that they [the first pair] are עֵדִים זוֹמְמִין,“plotting witnesses,” by diligent inquiry and examination.

as he plotted: But not as he did. From here [our Rabbis] said that if the first set of witnesses [before being proven false,] already killed the defendant [by their testimony], they are not to be put to death. — [Mak. 5b]

כאשר זמם: ולא כאשר עשה. מכאן אמרו, הרגו אין נהרגין:

to do to his brother: Why does Scripture state, “to his brother?” To teach, that in the case of witnesses who conspired against a married daughter of a kohen [by accusing her of adultery], that they are not executed with burning [the form of execution to which she would have been subjected], but rather, by strangulation, the form of execution of the adulterer. For it says [regarding such a woman] “she shall be burnt with fire” (Lev. 21:9) -“she,” but not her paramour [who is dispatched by strangulation]; therefore it says here, “to his brother”-“as he plotted to do to his brother,” but not as he plotted to do to his sister. With other crimes, however, Scripture regards women equally with men, and conspiring witnesses against a woman are executed in the same way as those who conspired against a man. For instance, if they testified that a women killed a person, or that she desecrated the Sabbath [and they are revealed to be false witnesses before she is executed], then they are executed in the form that they intended for her, for Scripture does not exclude his sister [by stating “brother”] except in a case where one may carry out the punishment of the conspiring witnesses by the form of execution of the adulterer [as opposed to the adulteress]. — [Sifrei and San. 90a]

shall listen and fear: From here, [we derive the law] that a public announcement is required: “So-and-so and so-and-so are to be executed because they were proven by the court to be plotting witnesses.” - [San. 89a] [Note that Rashi on Mak. 5a and San. 89a writes that the proclamation is made after the perpetrators have been executed.]

Deuteronomy Chapter 20

1When you go out to war against your enemies, and you see horse and chariot, a people more numerous than you, you shall not be afraid of them, for the Lord, your God is with you Who brought you up out of the land of Egypt.

When you go out to war: Scripture juxtaposes the departure for war alongside this [“eye for eye etc.”] to teach us that a person with a missing limb does not go out to war. - [Sifrei] Another explanation: It teaches that if you execute righteous judgment, you can be sure that when you depart for war you will be victorious. Similarly, David says, “I performed justice and righteousness; do not leave me to my oppressors” (Ps. 119: 121). - [Tanchuma]

against your enemies: Let them be in your eyes as enemies; have no pity on them, for they will have no pity upon you.

על איבך: יהיו בעיניך כאויבים, אל תרחם עליהם כי לא ירחמו עליך:

horse and chariot: In My eyes, they are all like one horse. Similarly, it says, “and you shall strike Midian as one man.” (Jud. 6:16) And similarly, it says,, “When Pharaoh’s horse… came [into the sea]” (Exod. 15:19). - [Sifrei]

when you approach the battle: When you are on the point of leaving the border.

כקרבכם אל המלחמה: סמוך לצאתכם מן הספר מגבול ארצכם:

that the kohen shall come near: This refers to the kohen anointed for this purpose, and he is called “the one anointed for war.”

ונגש הכהן: המשוח לכך. והוא הנקרא משוח מלחמה:

and speak to the people: in the Holy Tongue. — [Sotah 42a]

ודבר אל העם: בלשון הקדש:

3And he shall say to them, "Hear, O Israel, today you are approaching the battle against your enemies. Let your hearts not be faint; you shall not be afraid, and you shall not be alarmed, and you shall not be terrified because of them.

against your enemies: These are not your brothers, for if you fall into their hands, they will not have pity on you; this is not like the war of Judah with Israel, of which the verse states, “And the men, who were mentioned by name, rose up and took hold of the captives, and, and clothed all their nakedness from the spoils, and they dressed them and shod them, and fed them and gave them to drink, and anointed them, and led them on donkeys, every feeble one, and they brought them to Jericho, the city of the palms, beside their brothers, and they returned to Samaria” (II Chron. 28:15). You, however, are going against your enemies; therefore strengthen yourselves for battle. — [Sifrei ; Sotah 42a]

Let your hearts not be faint; you shall not be afraid, you shall not be alarmed, and you shall not be terrified: Four warnings, corresponding to four practices in which the kings of the nations engage [during battle]: They hold their shields close together to strike them against one another, thereby producing a loud noise to alarm those confronting them, so that they should flee; they stamp [the ground heavily] with their horses and make them neigh, sounding the beating of their horses’ hoofs, and they shout loudly and blow horns and [other] kinds of noisy instruments.

For the Lord, your God…: They are coming with the victory of flesh and blood, whereas you approach with the victory of the Omnipresent. The Philistines came with the victory of Goliath-What was his end? He fell, and they fell with him.

5And the officers shall speak to the people, saying, What man is there who has built a new house and has not [yet] inaugurated it? Let him go and return to his house, lest he die in the war, and another man inaugurate it.

[And what man is there that has planted a vineyard,] and has not [yet] redeemed it: Heb. וְלֹא חִלְּלוֹ. He has not redeemed the vineyard in the fourth year [of its growth], for the fruits [of the fourth year] have to be eaten in Jerusalem or redeemed [by exchanging them] for money, and to eat [food purchased with] the money in Jerusalem.

lest he die in the war: He should return lest he die, for if he does not obey the kohen , he deserves to die. — [Sifrei]

פן ימות במלחמה: ישוב פן ימות, שאם לא ישמע לדברי הכהן כדאי הוא שימות:

8And the officers shall continue to speak to the people and say, "What man is there who is fearful and fainthearted? Let him go and return to his house, that he should not cause the heart of his brothers to melt, as his heart."

And the officers shall continue: Why does it say here: “shall continue” [lit. shall add]? They add this [statement] to the words of the kohen , for the kohen speaks and announces aloud to the people from “Hear, O Israel” (verse 3) until “to save you,” (end of verse 4) while “What man is there” (verse 5), and the second and third one [with the same beginning (verses 6 and 7)], the kohen speaks, and an officer announces aloud [to the people]. This verse, however, an officer speaks, and an officer announces aloud. - [Sotah 43a] According to several incunabula editions of Rashi , “a kohen announces aloud.” [See Yosef Hallel.]

[What man is there] who is fearful and fainthearted: Rabbi Akiva says: [This verse is to be understood] according to its apparent meaning, that he cannot stand in the closed ranks of battle and look upon a drawn sword. Rabbi Jose the Galilean says that [it means] one who is afraid of his sins [that they will cause him to fall in war, as he is unworthy], and therefore, the Torah gives him the excuse of attributing his return home because of a house, a vineyard, or a wife, to cover up for those who return because of their sins, so that people should not understand that they are sinners. [Consequently,] one who sees this person returning would say,“Perhaps he has built a house, or planted a vineyard, or betrothed a woman.” - [Sotah 44a]

[They shall appoint] officers of the legions: This means that they place (זַקָּפִין) guards in front of them and behind them, with iron arrows in their hands, and if anybody attempted to retreat, the guard had the authority to strike his legs. זַקָּפִין are people who stand at the edge of the battle array to pick up (לִזְקֹף) the fallen and to encourage them with words: “Return to the battle and do not flee, for flight is the beginning of defeat.” - [Sifrei , Sotah 44a]

Seventh Portion

Deuteronomy Chapter 20

When you approach a city [to wage war against it]: Scripture is speaking of an optional war, as is explicit in the context of this section (verse 15), “Thus you will do to all the cities which are very far away [from you]….” - [Sifrei]

all the people found therein [shall become tributary]: Even if you find in it people of the seven nations, whom you have been commanded to exterminate, you are permitted to spare their lives. — [Sifrei]

But if it does make no peace with you, and it wages war against you: Scripture is informing you that if it does not make peace with you, then, if you let it be and go away, [this city] will ultimately wage war against you.

and the Lord your God will deliver it into your hands: If you have done all that is stated in this section, the Lord will ultimately deliver it into your hands. — [Sifrei]

ונתנה ה' אלהיך בידך: אם עשית כל האמור בענין, סוף שה' נותנה בידך:

14However, the women, the children, and the livestock, and all that is in the city, all its spoils you shall take for yourself, and you shall eat the spoils of your enemies, which the Lord, your God, has given you.

so that they will not teach you to do [like all] their abominations]: But if they repent and wish to convert, you are allowed to accept them. — [Sifrei]

למען אשר לא ילמדו: הא אם עשו תשובה ומתגיירים, אתה רשאי לקבלם:

19When you besiege a city for many days to wage war against it to capture it, you shall not destroy its trees by wielding an ax against them, for you may eat from them, but you shall not cut them down. Is the tree of the field a man, to go into the siege before you?

[When you besiege a city for many] days: The word “days” implies two days. [But when it says

ימים: שנים:

many: [this means] three [days]. From here our Rabbis derived [the ruling that] the siege of a heathen city may not be initiated less than three days before the Sabbath (Sifrei , Shab. 19a), and this verse teaches us that the offer of peace (verse 10) must be repeated for two or three days. Similarly, it says:“that David dwelt in Ziklag for two days” (II Sam. 1:1). Scripture is speaking here of an optional war. — [Sifrei]

Is the tree of the field a man, to go into the siege before you]?: The word כִּי here means“perhaps:” Is the tree of the field perhaps a man who is to go into the siege by you, that it should be punished by the suffering of hunger and thirst like the people of the city? Why should you destroy it?

to a rugged valley: Heb. אֵיתָן, hard, [a valley] that was never tilled.

אל נחל איתן: קשה שלא נעבד:

shall decapitate: He breaks its neck with a hatchet [i.e., from the back]. The Holy One, blessed be He, says: Let the calf which is in its first year and has, therefore, produced no fruits, come and be decapitated at a place [the valley that was not tilled] which has not produced fruits, in order to atone for the murder of this man, whom they [the murderers] did not allow to produce fruit [i.e., to perform mitzvoth]. — [Sotah 46a]

5And the kohanim, the sons of Levi, shall approach, for the Lord, your God, has chosen them to serve Him and to bless in the Name of the Lord, and by their mouth shall every controversy and every lesion be [judged].

Our hands did not shed [this blood]: But would it enter one’s mind that the elders of the court are murderers? Rather, [they declare:] We [ourselves] did not see him and let him depart without food or escort [which would have indirectly caused his death, leaving this man to the elements and to robbers]. — [Sifrei ; Sotah 45a] The kohanim then say:

and you shall abolish: This tells [us] that if the murderer is found after the calf is decapitated, the murderer must be executed, and that is “what is proper in the eyes of the Lord.” - [Sotah 47b, Keth. 37b]

Our hands did not shed [this blood]: But would it enter one’s mind that the elders of the court are murderers? Rather, [they declare:] We [ourselves] did not see him and let him depart without food or escort [which would have indirectly caused his death, leaving this man to the elements and to robbers]. — [Sifrei ; Sotah 45a] The kohanim then say:

and you shall abolish: This tells [us] that if the murderer is found after the calf is decapitated, the murderer must be executed, and that is “what is proper in the eyes of the Lord.” - [Sotah 47b, Keth. 37b]

who are you: the daughter of the righteous like you and full of merits, why should you fear man, whose end is to die?

13And you forgot the Lord your Maker, Who spread out the heavens and founded the earth, and you fear constantly the whole day because of the wrath of the oppressor when he prepared to destroy. Now where is the wrath of the oppressor?

What must be poured out hastened to be opened: Heb. מִהַר צֹעֶה לְהִפָּתֵחַ. Even if his stools are hard, and he must be opened by walking in order to move the bowels in order that he not die by destruction, and once he hastens to open up, he requires much food, for, if his bread is lacking, even he will die. צֹעֶה An expression of a thing prepared to be poured, as he says concerning Moab, whom the prophet compared to wine (Jer. 48:11): “Who rests on his dregs and was not poured from vessel to vessel.” And he says there (v. 12), “And I will send pourers (צֹעִים) upon him and they shall pour him out (וְצֵעֻהוּ), and they shall empty his vessels.” [This is an illustration of the weakness of man. Consequently, there is no need to fear him.] Another explanation is: מִהַר צֹעֶה That enemy who oppresses you, who is now with girded loins, girded with strength, shall hasten to be opened up and to become weak. צֹעֶה Girded. Comp. (infra 63: 1) “Girded (צֹעֶה) with the greatness of His strength.”

and he shall not die: i.e., the one delivered into his hand [shall not die] of destruction. But the first interpretation is a Midrash Aggadah in Pesikta Rabbathi (34:5).

15I am the Lord your God, Who wrinkles the sea and its waves stir; the Lord of Hosts is His name.

dregs: Heb. קֻבַּעַת. Jonathan renders: פַּיְלֵי, which is the name of a cup [phiala in Latin]. But it appears to me that קֻבַּעַת, these are the dregs fixed (קְבוּעִים) to the bottom of the vessel, and the word מָצִית, “you have drained,” indicates it, as it is said (Ps. 75:9): “… shall drain (יִמְצוּ) its dregs.”

weakness: Heb. תַּרְעֵלָה. That is a drink that clogs and weakens the strength of a person, like one bound, tied, and enwrapped. Comp. (Nahum 2:4) “And the cypress trees were enwrapped (הָרְעָלוּ).” Also (supra 3:19), “And the bracelets and the veils (רְעָלוֹת) ,” which is an expression of enwrapping, and in Tractate Shabbath (6:6): “Median women (sic) may go out veiled (רְעוּלוֹת),” a kind of beautiful veil in which to enwrap oneself. תַּרְעֵלָה is entoumissant in O.F., (stiffening, weakening, paralyzing).

23And I will place it into the hand of those who cause you to wander, who said to your soul, 'Bend down and let us cross,' and you made your body like the earth and like the street for those who cross."

My people first went down to Egypt: The Egyptians had somewhat of a debt upon them, for they served for them as their hosts and sustained them, but Assyria oppressed them for nothing and without cause.

5"And now, what have I here," says the Lord, "that My people has been taken for nothing. His rulers boast," says the Lord, "and constantly all day My name is blasphemed.

for… goes before you: Two things at the end of this verse explain two things in its beginning, [viz.] For not with haste shall you go forth. What is the reason? For the Lord goes before you to lead you on the way, and one whose agent advances before him to lead him on the way his departure is not in haste. And not in the flurry of flight shall you go, for your rear guard is the God of Israel. He will follow you to guard you from any pursuer. Comp. (Num. 10:25) “And the division of the camp of Dan shall travel, the rear guard of all the camps.” Whoever goes after the camp is called מְאַסֵּף, the rear guard, because he waits for the stragglers and the stumblers. Similarly, Scripture states in Joshua (6:13): “And the rear guard was going after the Ark.”

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